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122 judgments found.
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May 2024
High Court lacks jurisdiction to extend time for service of notice of appeal and request for copies; application struck out.
Civil procedure — extension of time — service of notice of appeal and request for copies — jurisdiction of High Court vs Court of Appeal
31 May 2024
31 May 2024
The High Court struck out the applicant’s extension application because the prior dismissal rendered the court functus officio.
Criminal procedure
— Application for extension of time — dismissal of prior appeal
— extension of time to file notice and petition of appeal
31 May 2024
31 May 2024
Malicious prosecution claim dismissed: acquittal within limitation but plaintiff failed to prove defendant’s malice or causation for prosecution.
Tort — Malicious prosecution — elements: termination in favour of plaintiff, absence of probable cause, malice and damage — limitation of actions — accrual when acquittal occurs
31 May 2024
31 May 2024
30 May 2024
Representative suit in Primary Court requires proof of authorization; absence of such authorization warrants quashing of proceedings.
Civil procedure
— Locus standi — requirement of authorization/letter for representative actions
— Primary Courts — Representative suits
— remedy — quash and set aside where representative mandate unproven
30 May 2024
Inconsistent party names across court records are fatal; application struck out for being filed by a stranger to the impugned decision.
Civil procedure
— change of party name requires leave — discrepancies fatal where they render applicant a stranger to impugned decision — overriding-objective and Civil Procedure Code corrections not available for Primary Court-originated matters — remedy: striking out application
— party identity
30 May 2024
30 May 2024
30 May 2024
Conviction quashed where prosecution failed to prove ownership under recent possession, creating reasonable doubt.
Criminal law — doctrine of recent possession — elements required: possession, positive proof of ownership, recent theft and nexus to charge
Evidence
— Appellate re-evaluation of evidence — Duty of first appellate court to re-evaluate and subject trial evidence to critical scrutiny
— Proof beyond reasonable doubt — Quantity/weight and ownership must be established by competent evidence
29 May 2024
Appeal allowed: conviction quashed due to inconsistencies, missing forensic support, and failure to call material police witnesses.
Criminal law — Sexual offence (rape) — Proof of penetration and reliance on complainant's evidence
Evidence
— Failure to call material witnesses — adverse inference for failure to call material witnesses
— Medical evidence (PF3) — Contradictory PF3 and unexplained delay undermine prosecution's case
29 May 2024
Court upheld conviction: child’s testimony credible, electronic footage expunged, alibi disregarded for lack of notice.
Criminal law — Criminal procedure act — alibi notice requirement and court’s discretion to disregard late alibi
Criminal law — sexual offences — Child complainant evidence
— admissibility
— credibility and corroboration by mother and medical report (PF3)
Evidence — Electronic evidence
— authenticity and Electronic Transactions/Electronic Evidence requirements
— expunging inadmissible digital evidence
29 May 2024
Temporary injunction application dismissed as overtaken by events after applicant's eviction and sale of the mortgaged property.
Civil procedure — Procedural
— Application dismissed
— remedy to be sought in substantive suit
Civil procedure — Temporary injunctions — Atilio test (prima facie case, irreparable harm, balance of convenience) — Relief overtaken by events where applicant already evicted and mortgaged property sold to third party rendering injunction nugatory
Land law — mortgage enforcement — Eviction and public auction — effect on availability of interim injunctive relief
29 May 2024
Applicant granted unconditional leave to defend summary suit after affidavit disclosed triable issues; file defence within 21 days.
Civil procedure — Court to assess affidavit, not resolve disputes — discretion to grant conditional or unconditional leave — filing of statement of defence within prescribed time
29 May 2024
29 May 2024
Whether the plaintiff can seek private compensation for residual assets after a statutory bank takeover.
Civil procedure
— Pleadings — signature and verification requirements under Order VI Rules 14 & 15 — Overriding objective and amendment to cure verification defects
— jurisdiction — Whether the High Court may entertain private law compensation claims arising from actions taken under the Banking and Financial Institutions Act (BAFIA) — Distinction between judicial review and private law relief
Judicial review — Judicial review vs private law — compensation, quantum and compulsory acquisition are matters requiring proof of title and are not justiciable by way of judicial review at leave stage — Section 62 BAFIA
28 May 2024
Out‑of‑time revision dismissed; appeal was the proper remedy and no extension of time was proved.
Appellate practice — Appeal versus revision — Proper route to challenge an appellate decision is by direct appeal, not by review
Civil procedure
— Revision of primary court decision
— use Magistrates' Courts Act s 30(1)(a)
Limitation law — extension of time — requirements and sufficiency of explanation for delay
28 May 2024
Court granted a 90‑day extension to file estate account, treating sale‑irregularity complaints as separate proceedings.
Probate law — Probate — extension of time to file inventory and account
28 May 2024
Court permitted amendment to plead facts of alleged misrepresentation, finding no new cause of action or prejudice.
Civil procedure — amendment of pleadings
28 May 2024
Credible child testimony and corroboration proved rape despite reporting delay and minor contradictions; appeal dismissed.
Criminal law — sexual offences against a child — Credibility of child complainant and corroboration by parent and medical evidence
Evidence
— Child complainant — Victim’s testimony may be the best evidence — Weight of testimony and necessity of analytical evaluation by trial court
— delay in reporting sexual offences and delayed medical examination — Selection of witnesses — Prosecutorial discretion under Evidence Act s143
27 May 2024
27 May 2024
Objection to execution dismissed for failure to prove interest or possession in attached land.
Civil procedure — Order XXI — Objection to attachment — Occupation alone insufficient
— remedy is separate civil suit
— Title cannot be finally determined in objection proceedings
27 May 2024
Conviction quashed and retrial ordered due to missing witness testimony and discrepancies between trial record and judgment.
Criminal law — Economic offences — Requirement of DPP consent and certificate for subordinate courts to try economic offences — Requirement of DPP consent and certificate duly endorsed
Criminal procedure — Missing trial record — Discrepancy between judgment and record vitiating appellate review — Presumption of accuracy of court record
Evidence — admissibility — Missing oral testimony for tendered statement/exhibit under section 34B CPA — Effect on appeal and necessity for retrial
27 May 2024
Applicant failed to show sufficient reasons or apparent illegality to justify extension of time to challenge the arbitral award.
Arbitration — challenge to arbitral award
Civil procedure
— extension of time
— Illegality as ground for extension — not every allegation of illegality suffices
27 May 2024
Amendment removed requirement for leave to appeal to the Court of Appeal; pending leave application struck out.
Appellate practice — leave to appeal — Removal of leave requirement to appeal to Court of Appeal from High Court decisions — Legal Sector Laws (Miscellaneous Amendments) Act No. 11 of 2023 — Retrospective effect of procedural amendment
27 May 2024
24 May 2024
Publication service after due diligence is sufficient; rehearing refused for failure to show good cause.
Civil procedure
— Appeals from Primary Courts
— good cause requirement
— Procedural remedy — proper mode to challenge legality of prior orders (appeal vs revision)
24 May 2024
24 May 2024
No prima facie case of stealing where written contracts named institutions, not the respondent, as hirer/seller; acquittal upheld.
Criminal law — Stealing — No case to answer — Prima facie case required before calling accused to defence
23 May 2024
Interim injunctions granted to preserve status quo where majority director's alleged mismanagement and asset dealings prejudiced minority shareholders.
Civil procedure — Interim injunction — Preservation of status quo
Companies law
— Directors — Restraint on majority director dealing with company property and requirement to involve minority directors
— Unfair‑prejudice petitions (s233) — Interim injunction to preserve status quo under Companies Act s 233
23 May 2024
22 May 2024
22 May 2024
22 May 2024
High Court jurisdiction affirmed; former administratrix may be sued personally; registry naming error curable; extension of time granted.
Civil procedure
— Capacity to sue — administrator of estate — Suit against former administratrix after probate closure, personal capacity permissible
— Correct High Court registry citation — Incorrect registry nomenclature (District Registry vs Sub‑registry) — Clerical/formal defect curable, non‑retrospective rule amendments
Jurisdiction — Probate and administration — Whether a One‑Stop Judicial Centre order ousts High Court jurisdiction — Rule vs constitutional jurisdiction
22 May 2024
Extension to file revision struck out as revision cannot replace an available appeal and no exceptional circumstances were shown.
Appellate practice — Appellate and revisional jurisdiction — distinction between appeal and revision — revision not substitute for appeal where right of appeal exists unless exceptional circumstances or appellate process blocked
Civil procedure
— Competence of application — striking out where relief sought is impermissible or futile
— extension of time
— Res sub judice — prohibition on parallel proceedings under section 8 Civil Procedure Code
22 May 2024
Whether an administrator misappropriated estate royalties and property and the appropriate restitution, damages and interest.
Contract law — existence and effect of a subsequent written agreement — Effect of written addendum on parties’ entitlement to royalties — Section 101 Evidence Act
Damages — Restitution and damages — Recovery of misappropriated estate royalties and property — Interest and costs
Probate law — Probate and administration — administrator’s duty and limits — Proof of entitlement and estoppel
22 May 2024
Court recorded parties' deed of settlement as consent judgment requiring defendant to pay TZS 172,031,785 in instalments.
Civil procedure — Consent judgment
— Enforcement of agreed instalment payments for unremitted statutory contributions and penalties
— recording and reducing a deed of settlement into court decree
Civil procedure — Costs — Each party to bear its own costs
21 May 2024
The applicant company was wound up for inability to pay debts; NSSF’s claim given priority and a liquidator appointed.
Companies — Winding up — Inability to pay debts under s.279 and s.280 of the Companies Act — Proof of debt and assets versus liabilities — Appointment of official liquidator — Priority of NSSF claims under s.75 NSSF Act.
21 May 2024
21 May 2024
Appeal dismissed as time-barred under Section 25(1)(b); late filing required prior extension of time.
Civil procedure — Appeals — Time limitation
Civil procedure — Electronic filing
— E-CMS filing date is controlling
— System/e-filing failures may ground extension only if appropriately pleaded and proved
21 May 2024
20 May 2024
Application for extension of time dismissed for inordinate unexplained delay, lack of diligence and unpleaded alleged illegality.
Civil procedure — extension of time
— dismissal for abuse of process and unexplained delay
— Lyamuya test applied
— technical delay not a ground where intermediate proceedings are defective or abusive
20 May 2024
Application for extension of time struck out for being filed under the wrong statutory provision.
Civil procedure — extension of time — Wrong citation of enabling provision
20 May 2024
Conviction for forgery quashed where prosecution failed to prove document falsity and didn’t call material witnesses.
Criminal law — Forgery — Proof of forgery: falsity, authorship and intent required to convict
Evidence — Non‑production of material witness
— Prosecution’s duty to call material witnesses
— adverse inference where material witnesses not called
Natural justice — Judicial recusal — Refusal to recuse proper where accused waived opportunities to present defence
20 May 2024
Constitutional petition struck out for failure to exhaust judicial review remedies available against municipal by-laws under section 8(2) BRADEA.
Civil procedure — Constitutional jurisdiction — BRADEA s.8(2) limitation
Civil procedure — delegated legislation (municipal by-laws)
— amenability to judicial review under Law Reform Act and GN No.324/2014
— exhaustion of alternative remedies
— presumption of constitutionality
20 May 2024
Minor name variance in charge sheet not fatal; prosecution proved grievous harm beyond reasonable doubt.
Criminal law — Grievous harm — variance between charge sheet and evidence — misnomer not fatal unless material and prejudicial
20 May 2024
20 May 2024
17 May 2024